People v. Howard

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered March 12, 2004, upon a verdict convicting defendant of the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree and the violation of unlawful possession of marihuana.

On March 19, 2004, Detective Dennis Guiry of the City of Albany Police Department was conducting a “rip operation” with a confidential informant. The informant paged defendant, who then unknowingly called an Albany Police Department cell phone. The informant…